) Docket No. 14-KAOOO&L>

Transcription

1 FILED "^ OCT W BEFORE THE BOARD OF HEALING ARTS OF THE STATE OF KANSAS KS StateBoard of HealingArts IntheMatter of ) r\s\r t ) Docket No. 14-KAOOO&L> ) Kansas License No ) CONSENT ORDER COMES NOW, the Kansas State Board ofhealing Arts, ("Board"), by and through Stacy R. Bond, Associate Litigation Counsel ("Petitioner"), and Jeffrey D. Fenn, D.C. ("Licensee"), by and through his counsel, James R. Pratt, and move the Board for approval of a affecting Licensee's license to practice chiropractic in the State ofkansas. The Parties stipulate and agree to the following: 1. Licensee's last known mailing address to the Board is: 2544 N. Maize Ct. #100, Wichita, Kansas Licensee is or has been entitled to engage in the practice ofchiropractic in the State ofkansas, having been issued License No on approximately December 8, Licensee's license is active. 3. The Board is the sole and exclusive administrative agency in the State ofkansas authorized to regulate the practice ofthe healing arts, specifically the practice of chiropractic. K.S.A etseq. and K.S.A This and the filing ofsuch document are in accordance with applicable law and the Board has jurisdiction to enter into the as provided by K.S.A and Upon approval, these stipulations shall Page 1 of 10

2 constitute the findings of the Board, and this shall constitute the Board's Final Order. 5. The Kansas Healing Arts Act is constitutional on its face and as applied in this case. Licensee agrees that, in considering this matter, the Board is not acting beyond its jurisdiction as provided by law. 6. Licensee voluntarily and knowinglywaives his right to a hearing. Licensee voluntarily and knowingly waives his right to present a defense by oral testimony and documentary evidence, to submit rebuttal evidence, and to conduct crossexamination ofwitnesses. Licensee voluntarily and knowingly agrees to waive all possible substantive and procedural motions and defenses that could be raised if an administrative hearing were held. 7. The terms and conditions ofthe are entered into between the undersigned parties and are submitted for the purpose ofallowing these terms and conditions to become an Order ofthe Board. This shall not be binding on the Board until an authorized signature is affixed at the end ofthis document. Licensee specifically acknowledges that counsel for the Board is not authorized to sign this on behalfofthe Board. 8. The Board has received information and investigated the same, and has reason to believe that there may be grounds pursuant to K.S.A , to take action with respect to Licensee's license under the Kansas Healing Arts Act, K.S.A , et seq. 9. On or about October 18, 2013, Licensee was indicted in the United States District Court for the District ofkansas, in case number JAR. Page 2 of 10

3 10. Licensee was indicted on six (6) counts ofhealth Care Fraud, a violation oftitle 18, United States Code, Sections 2 and Licensee was indicted on two (2) counts ofaggravated Identity Theft, a violation oftitle 18, United States Code, Sections 2 and 1028A. 12. Licensee was indicted on one (1) count ofillegally Obtaining Controlled Drugs, a violation oftitle 21, United States Code, Section 843(a)(2) and Title 18, United States Code, Section Licensee was indicted on sixteen (16) counts ofmoney Laundering, a violation of Title 18, United States Code, Sections 2 and Licensee was indicted on one (1) count oftax Evasion, a violation oftitle 26, United States Code, Section 7201 and Title 18, United States Code, Section All twenty-six (26) counts alleged in the indictment are felony offenses. 16. As a condition ofhis release from custody, Licensee agreed to surrender his chiropractic license to the Board, not be involvedin the clinic or the provision of health care. 17. While admitting no wrongdoing, Licensee acknowledges that if formal hearing proceedings were conducted and Licensee presented no exhibits, witnesses, or other evidence, the Board has sufficient evidence to prove that Licensee has violated the Kansas Healing Arts Act with respect to the above allegations. Licensee further waives his right to dispute or otherwise contest the allegations contained in the above paragraphs in any further proceeding before this Board. 18. Licensee's acts, if proven, constitute unprofessional conduct as set forth in K.S.A Page 3 of 10

4 19. Pursuant to K.S.A , the Board may revoke, suspend, limit, censure or place under probationary conditions Licensee's license and pursuant to K.S.A a the Boardhas the authority to impose administrative fines for violations of the Kansas Healing Arts Act. 20. According to K.S.A (b) and K.S.A , theboard has authority to enter into this without the necessity of proceeding to a formal hearing. 21. Licensee further understands and agrees that if the Board finds, after due written notice and anopportunity for a hearing, that Licensee has failed to comply with any ofthe terms ofthis, the Board may immediately impose any sanction provided forby law, including butnot limited to suspension or revocation of Licensee's licenseto practice chiropractic in the State of Kansas. Licensee hereby expressly understands and agrees that, at any such hearing, the sole issue shall be whether or not Licensee has failed to comply with any ofthe terms or conditions set forth in this. The Board acknowledges that at any such hearing, Licensee retains the right to confront and examine all witnesses, present evidence, testify onhis own behalf, contest the allegations, present oral argument, appeal to the courts, and all other rights set forth in the Kansas Administrative Procedures Act, K.S.A et seq., and the Kansas Healing Arts Act, K.S.A et seq. 22. Nothing inthis shall be construed to deny the Board jurisdiction to investigate alleged violations ofthe Kansas Healing Arts Act, orto investigate complaints received under the Risk Management Law, K.S.A et seq., Page 4 of 10

5 that are known or unknown and are not covered under this, or to initiate formal proceedings based upon known or unknown allegations of violations ofthe Kansas Healing Arts Act. 23. Licensee hereby releases the Board, its individual members (in their official and personal capacity), attorneys, employees and agents, hereinafter collectively referred to as "Releasees", from any and all claims, including but not limited to those alleged damages, actions, liabilities, both administrative and civil, including the Kansas Judicial Review Act, K.S.A et seq. arising out ofthe investigation and acts leading to the execution ofthis. This release shall forever discharge the Releasees ofany and all claims or demands ofevery kind and nature that Licensee has claimed to have had at the time ofthis release or might have had, either known or unknown, suspected or unsuspected, and Licensee shall not commence to prosecute, cause or permit to be prosecuted, any action or proceeding of any description against the Releasees. 24. Licensee further understands and agrees that upon signature by Licensee, this document shall be deemed a public record and shall be reported to any entities authorized to receive disclosure ofthis. 25. This, when signed by both parties, constitutes the entire agreement between the parties and may only be modified or amended by a subsequent document executed in the same manner by the parties. 26. Licensee agrees that all information maintained by the Board pertaining to the nature and result ofany complaint and/or investigation may be fully disclosed to and considered by the Board in conjunction with the presentation ofany offer of Page 5 of 10

6 settlement, even iflicensee is not present. Licensee further acknowledges that the Board may conduct further inquiry as it deems necessary before the complete or partial acceptance or rejection ofany offer ofsettlement. 27. Licensee, by signature to this document, waives any objection to the participation ofthe Board members, including the Disciplinary Panel and General Counsel, in the consideration ofthis offer ofsettlement and agrees not to seek the disqualification or recusal ofany Board member or General Counsel in any future proceedings on the basis that the Board member or General Counsel has received investigative information from any source which otherwise may not be admissible or admitted as evidence. 28. Licensee acknowledges that he has read this and fully understands the contents. 29. Licensee acknowledges that this has been entered into freely and voluntarily. 30. Licensee shall obey all federal, state and local laws and rules governing the practice of chiropractic in the State ofkansas that may be in place at the time of execution ofthe or may become effective subsequent to the execution ofthis document. 31. Upon execution ofthis by affixing a Board authorized signature below, the provisions ofthis shall become an Order under K.S.A This shall constitute the Board's Final Order when filed with the office ofthe Executive Director for the Board and no further Order is required. Page 6 of 10

7 32. This constitutes disciplinary action. 33. The Board may consider all aspects ofthis in any future matter regarding Licensee. 34. In lieu ofconducting a formal proceeding, Licensee, by signature affixed to this, hereby voluntarily agrees to the following disciplinary action against his license to engage in the practice ofchiropractic: SURRENDER 35. Licensee hereby surrenders his license to practice chiropractic. Such surrender shall be treated as a revocation for all purposes including reporting. Licensee agrees that an application for reinstatement ofthe license will be considered in accordance with the provisions ofk.s.a Further, Licensee's application will be governed by Vakas v. The Kansas Board ofhealing Arts, 248 Kan. 589 (Kan. 1991), and all applicable statutes, law, rules and regulations regarding qualifications for licensure and reinstatement. 36. Licensee shall place his patients' records in the custody ofanother licensed physician or records maintenance facility in compliance with K.A.R and Licensee shall notify the Board on or before November 30, 2013, ofthe specific measure taken and the appropriate contact information so that the Board can respond to questions from patients about the location oftheir medical records and how they can obtain them. 37. Pursuant to K.S.A , it shall be unlawful for Licensee to open or maintain an office for the practice ofthe healing arts or to announce or hold out to the public the intention, authority, or skill to practice the healing arts. Page 7 of 10

8 38. Licensee is prohibited from owning, managing, being employed by or in any way acting in an advisory capacity for any entity providing health care services. IT IS THEREFORE ORDERED that the and agreement ofthe parties contained herein is adopted by the Board as findings of fact, conclusions of law, and as a Final Order ofthe Board. IT IS SO ORDERED on this^l day of QlJh FOR THE KANSAS STATE BOARD OF HEALING ARTS: Kathleen Seizor Mpperti Executive Director JOkill3l Date Licensee Date (QM>h^ PREPARED AND APPROVED BY: Stacy R. Bond #17673 Associate Litigation Counsel Kansas Board ofhealing Arts 800 SW Jackson, Lower Level-Suite A Topeka, Kansas Page 8 of 10

9 agree; ley for Licensee Waco Wichita, KS Page 9 of 10

10 CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I served a true and correct copy ofthe Consent Order by United States mail, postage prepaid, on this J// day of'[yylbiy^'^l., 2013, to the following: Licensee 2544 N. Maize Ct., #100 Wichita, KS James R. Pratt Attorney for Licensee 445 N. Waco Wichita, Kansas And the original and one copy was hand-filed with: Kathleen Selzler Lippert Executive Director Kansas Board ofhealing Arts 800 SW Jackson, Lower Level-Suite A Topeka, Kansas And a copy was hand-delivered to: Stacy R. Bond Associate Litigation Counsel Kansas Board ofhealing Arts 800 SW Jackson, Lower Level-Suite A Topeka, Kansas Katy Lenahan Licensing Administrator Kansas Board ofhealing Arts 800 SW Jackson, Lower Level-Suite A Topeka, Kansas aj \ un*^_ Page 10 of 10